Folkeret: menneskerettigheder

Jeg håber, jeg har gjort en forskel er et nærværende portræt af Danmarks første kvindelige juraprofessor. Eva Smith er datter af tidligere justits- og indenrigsminister Hans Hækkerup, men allerede som ung besluttede hun sig for, at hun ville kendes som sig selv, og ikke som ministerdatter. Derfor tog hun navnet Smith, da hun blev gift første gang som 22-årig i Tel Aviv med amerikaneren Ranny Smith.Alle kvinder i hendes slægt er døde i en tidlig alder af kræft. Derfor regnede Eva Smith heller ikke med, at hun ville blive særligt gammel. Men hun er her endnu, med sin mand Ole, sine seks egne børn, to delebørn og 20 børnebørn. Som mangeårig formand for Det Kriminalpræventive Råd og Europarådets Kommission mod Racisme og Intolerance, ECRI, har hun utrætteligt kæmpet for, at vi i Danmark og Europa lever op til menneskerettighedernes bestemmelse om, at alle er født frie og lige og derfor skal sikres de samme rettigheder og muligheder. Hun er stadig aktiv i medierne, når hun står fast på, at retssikkerhed handler om at beskytte den enkelte borger mod overgreb fra myndighederne og ikke – som mange politikere tror – om at beskytte folk mod dem, vi ikke bryder os om.

Pas på staten – Indfald og udfald om henfald og forfald kaster et kritisk blik på Danmarks udenrigspolitiske vilkår, international politik, menneskerettigheder, retsstat, demokrati, Ruslands ulovlige krig m.m. og udforsker spørgsmål om nationalisme. Gennem dybdegående analyse og refleksion søger forfatteren, Claus von Barnekow at belyse kompleksiteten af disse emner og opfordrer til en nuanceret forståelse af de politiske landskaber, der præger vores samtid.Forhenværende udenrigsminister, dr.phil. Per Stig Møller skriver i forordet, ”at Barnekows tekster udmærker sig ved klarhed og korthed. Derfor når han vidt omkring og er altid værd at følge.”Det har visse indlysende fordele, når vor politiske ledere ved, hvad de taler om, og søger at sætte sig ind i en problemstilling, inden politiske holdninger udbasuneres.I Pas på staten kommer vi vidt omkring, og emnerne inkluderer klimaforværring, koranafbrændingsidioti, russisk selvforståelse, Ungarns og Polens undergravning af Europarådet og EU, regerings- og udvalgte politikeres retorik vedrørende retsstat og menneskerettigheder, udenrigspolitiske vilkår for Danmark samt nationalisme.

The book provides a comprehensive legal assessment of four different types of safe pathways to protection in the EU: the asylum visa, resettlement, ad hoc humanitarian admission and sponsorship programs. It investigates the effects these pathways can have on the asylum paradox, that is the paradoxical interplay in current EU asylum policy between the granting of territorial protection on the one hand and the prevention of access to territory on the other.Based on the assumption, that the asylum paradox is the result of a conflict of responsibility principles, the book develops an analytical tool, a responsibility framework, for the analysis and assessment. Overall, the book identifies normative differences, depending on the specific pathway and its details of implementation.

This book focuses on OLAF, the European Union¿s anti-fraud office, and examines the role of and challenges concerning fundamental rights in OLAF¿s composite enforcement procedure. The mission of OLAF (Office Européen de Lutte Antifraude) is to fight fraud, corruption and any other illegal activities that affect the financial interests of the European Union. To this end, OLAF carries out administrative investigations, in which it gathers evidence itself, and coordination cases, in which it coordinates the Member States¿ investigations. OLAF¿s investigation and coordination efforts are conceived of as mere derivatives of other more traditional forms of law enforcement cooperation in which authorities enter into obligations to cooperate with one another, but in which each acts to fulfill these obligations within its own separately identifiable legal order and on the basis of its own law. This system, in its most conventional form, is founded on the notion of territorial sovereignty.If we extend the logic of this approach from enforcement (the ¿sword¿) to fundamental rights (the ¿shield¿), issues in relation to the latter ¿ and the accompanying responsibility to prevent and/or remedy them ¿ can arise only in individual (sovereign) legal orders. The way in which we view OLAF, as an evolved cognate of traditional forms of law enforcement cooperation, therefore directly dictates which fundamental rights issues enter into the equation, and in which manner.This book proposes an innovative way of looking at OLAF, which we refer to as ¿composite enforcement procedures.¿ In this type of procedure, responsibilities for the entirety of enforcement are attributed to inextricably interlinked European Union and Member State legal orders. If we observe OLAF through this new lens, fundamental rights issues that would otherwise go unnoticed come to the forefront. These are issues that arise not in individual legal orders, but rather between or among theEuropean Union and the Member States. This book addresses these fundamental rights challenges and makes concrete recommendations on how they can be addressed and resolved.

Available open access digitally under CC-BY-NC-ND licence This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies. Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention. Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.

There are any number of studies on Turkish secularism. However, to date there has never been a comprehensive analysis of the constitutional protection of secularism, one that systematically covers all relevant aspects. Addressing that gap, this book presents a comprehensive and coherent analysis of the constitutional framework of this principle within the Turkish legal system.Secularism is a common fundamental principle of all three Turkish constitutions (1924, 1961, 1982). The principle has been granted an irrevocable status and has been strictly constructed within the Turkish constitutional system. Despite the guarantee of irrevocability, however, its interpretation and application have undergone a drastic transformation in response to changing social and political circumstances.Today, the complaints filed before the domestic and international judiciary predominantly concern the Turkish State¿s neutrality and impartiality towards religion and the exercise of freedom of religion by religious minorities. While many observers have interpreted these problems in light of the contemporary policies pursued in the field of religion, a closer look reveals that the problem lies deeper in Turkey¿s general constitutional framework. While the 1982 Constitution declares the principle as an unamendable characteristic of the Republic and protects it with multi-layered mechanisms, certain anti-democratic features of the Constitution, including the President¿s predominant role in forming the high-ranking judiciary, affect the proper and consistent application of the principle of secularism.The consolidation of the secular state order depends on various factors other than a suitable constitution. However, it goes without saying that constitutions can help or hinder efforts to find solutions. Therefore, this book identifies the deficiencies in the Turkish constitutional and legal framework regarding the protection of secularism. It presents the historical development and definition of a secular state, analyzes the jurisprudence of the Turkish Constitutional Court and the European Court of Human Rights, studies the application of the party prohibition mechanism as a means of protecting the principle, and assesses the constitutional amendments of 2001, 2010 and 2017. Moreover, it proposes much-needed constitutional and legal amendments with a view to improving the application of the principle of secularism.

This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter?The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view.As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction - social dumping being the prime example - special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues.The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.

This book, grounded in a human rights framework, takes a close look at social work approaches and practices in Southeast Europe. Human rights are central in today's understanding of social work as an academic discipline and as a professional practice. Looking at social work through a human rights lens unmasks inequality and discrimination, promotes ethical engagements, and contributes to the social, political, and economic betterment of society. Moreover, human rights and social work are interdependent and have far-reaching implications at macro, mezzo, and micro levels both in the realm of social policy and in professional practice.This collection of eight chapters provides an overview of human rights practices in social work in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo, Romania, and Slovenia. It presents state-of-the-art research on human rights and social work through individual country-focused chapters. In addition, it includes an integrative introductory chapter that identifies and discusses the commonalities and differences across the region as well as future directions.The book takes an integrated approach with conversations among the contributors on three main questions:What is the state of human rights in social work?How are human rights practiced in social work? What are the prospects for an integrated approach to human rights in social work in contemporary Southeast Europe?Human Rights in this Age of Uncertainty is essential reading for social work academics and practitioners in Southeast Europe due to its geographic focus and standpoints from the specific countries of the region. The book also should appeal to a wider European audience (especially as the book features chapters from both inside and outside of the European Union), as well as to an international audience of social work scholars. In addition, policy-makers may find the book a useful resource because human rights discourse features prominently in the international approaches to welfare systems across Southeast Europe as part of the Europeanisation processes currently at play. 

Seit Beginn der COVID-19-Pandemie ist das Arbeiten von zu Hause aus der Arbeitswelt in Deutschland nicht mehr wegzudenken. Für die damit einhergehenden Kontrollen von Leistung oder Verhalten der Arbeitnehmer arbeitet der Verfasser die spezifischen Anforderungen heraus. Schwerpunkt der Untersuchung bildet die Darstellung von Persönlichkeitsrechten und Datenschutz sowie ihre Anwendung auf technische Kontrollen wie Videoüberwachung und auf Zutrittsrechte. Ein Mehr an Handlungssicherheit lässt sich durch die Einhaltung bestimmter Grundsätze für technische Kontrollen bei häuslicher Telearbeit erreichen, die der Verfasser herausarbeitet. Zudem geht der Verfasser auf die Rechte des Betriebsrates sowie auf die tarifvertragliche Gestaltung von Leistungs- und Verhaltenskontrollen ein.

What does it take to report from conflict zones? What good is neutrality in the face of suffering, and how much difference can one person make?From her first journalistic assignment in Gaza to covering the Arab Spring in Egypt, Sherine Tadros searched for ways to change people's lives for the better.It wasn't until her life fell apart that she found the courage to pursue her true purpose. With compassion and verve, Tadros now shares her remarkable journey, from witnessing injustice to fighting it in the corridors of power. In probing the line between journalism and activism, her memoir Taking Sides demonstrates why stories matter - and how we can all use our voices to inspire meaningful change.

A powerful and urgent explanation and vindication of our human rights and freedomsAfter the devastation of World War Two, the international community came together to enshrine fundamental rights to refuge, health, education and living standards, for privacy, fair trials and free speech, and outlawing torture, slavery and discrimination. Their goal was greater global justice, equality, and peace. That settlement is now in danger, attacked by opponents from across the political spectrum and populist and authoritarian movements worldwide. We are threatened by wars, inequality, new technologies and climate catastrophe, and we need our human rights now more than ever. In this powerful, accessible book, Shami Chakrabarti, lawyer, parliamentarian and leading British human rights defender, shows us why human rights are essential for our future. Outlining the historic national and international struggles for human rights, from the fall of Babylon, to the present day, Chakrabarti is an indispensable guide to the law and logic underpinning human dignity and universal freedoms. Her intervention will engage both sceptics and supporters, equipping believers in the battle of ideas and persuading doubters to think again. For human rights to survive, they must be far better understood by everyone.

"A critical, interdisciplinary account of how refugees and their oral testimony are judged by refugee-receiving states. A comprehensive legal analysis of systems of refugee status determination in Australia and Canada and the role of narrative studies and narrative theory in understanding international refugee law and its application"--

This book examines the nexus between political borders, pastoral nomadism, and human security in Africa. It uses a host of applied interdisciplinary insights to analyse social, political, and cultural processes, circumstances, and consequences to showcase the human security crisis in the context of climate change, inter-group relations, leadership strategies, institutions, and governance within the region.With a special focus on West Africa and Nigeria, the volume discusses crucial themes that highlight the role of borders in the security architecture of the region which include,¿ Political economy of herdsmen-farmers' conflicts in West Africa;¿ The scarcity-migration perspective of the Sahel region;¿ Population pressure, urbanization, and nomadic pastoral violence in West Africa;¿ Human trafficking and kidnapping for ransom in Nigeria;¿ Drivers of 'labour' migration of Fulani herders to Ghana, and other topics.A key contribution to a pressing issue, this volume will be of interest to scholars and students of history, political science, anthropology, geography, international relations, literature, environmental science, and peace and conflict studies.

This book examines the significance of the rights of the Sámi people and analyses the issues raised by the recognition and implementation of these rights in the Nordic countries.

This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights and gross affronts to human dignity, that lead to mass forced migration.

This collection discusses the concept of fraternity and examines the issue of its role in law.Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal "bridge" between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions.The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.

This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level.Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument," that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built.Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.

This book offers an overview of the history and development of civil society in three major nations of South Asia - Pakistan, India and Bangladesh - from colonial times to the present. It examines the liberalization of civil society since the 1980s, the needs it created for civil action, the professionalization of civil society organizations, and the extent to which civil society may benefit society at large in the context of local, national and global transformations in the economy, political regime and ideology.The reader will find new insights on the interaction between the liberalization of multifaceted civil societies in the three countries, presenting contrasts such as restrictions put on women's organizations or labour unions and acceptance of religious organizations' activities. The volume looks at forms of transfer of civil society models, representation and democratic legitimacy of civil society organizations such as nongovernmental organizations, government organized NGOs and faith-based organizations, along with the structuring of civil society through legal frames as well as female, religious, and ethnic mobilizations around language and literature. Using wide-ranging empirical data and theoretical analyses, it deals with civil society issues relating to human rights and political challenges, justice, inequality, empowerment, and the role of bureaucracy, women's movements, and ethnic and linguistic minorities. It also presents early responses to the Covid-19 crisis in 2020 which created significant pressure on the states and on civil society.This book will be useful to scholars and researchers of political studies, development studies, sociology, public policy and governance, law and human rights, as also to professionals in think tanks, civil society activists and NGOs.

This book explores the relation between redistribution and recognition, two key paradigms in the contemporary discourse on justice. Combining insights from the traditions of critical social theory and analytical political philosophy, the volume offers a multifaceted exploration of this incredibly inspiring conceptual couple from a plurality of perspectives. The chapters engage with concepts such as universal basic income, property-owning democracy, poverty, equality, self-respect, pluralism, care, and work, all of which have an impact on individuals' recognition as well as on distributive policies.An important contribution to the field of political and social philosophy, the volume will be useful to scholars and researchers of politics, law, human rights, economics, social justice, as well as policymakers.

Both developing and developed countries face an increasing mismatch between what patients expect to receive from healthcare and what the public healthcare systems can afford to provide. Where there has been a growing recognition of the entitlement to receive healthcare, the frustrated expectations with regards to the level of provision has led to lawsuits challenging the denial of funding for health treatments by public health systems.This book analyses the impact of courts and litigation on the way health systems set priorities and make rationing decisions. In particular, it focuses on how the judicial protection of the right to healthcare can impact the institutionalization, functioning and centrality of Health Technology Assessment (HTA) for decisions about the funding of treatment. Based on the case study of three jurisdictions - Brazil, Colombia, and England - it shows that courts can be a key driver for the institutionalization of HTA. These case studies show the paradoxes of judicial control, which can promote accountability and impair it, demand administrative competence and undermine bureaucratic capacities. The case studies offer a nuanced and evidence-informed understanding of these paradoxes in the context of health care by showing how the judicial control of priority-setting decisions in health care can be used to require and control an explicit scheme for health technology assessment, but can also limit and circumvent it.It will be essential for those researching Medical Law and Healthcare Policy, Human Rights Law, and Social Rights.

This book presents an exploration of a wide range of issues in law, regulation and legal rights in the sectors of information protection, the creative economy and business activities following COVID-19.The debilitative effect of the global pandemic on information protection and creative and business activities is powerful, widespread and deeply influential, bringing a range of uncertainties to these sectors. The effects of the crisis challenge the fundamentals of the legal systems of most countries in their attempt to govern them. Written by international academics from a diversified background of law disciplines and legal systems, this book offers a global vision in exploring the wide range of legal issues caused by the COVID-19 crisis in these fields. The book is organised into three clear thematic parts: Part I looks at information protection and intellectual property rights and strategies; Part II examines contracts, cooperation and mediation in the post-COVID-19 market arena; and Part III discusses issues pertaining to corporate governance and employment rights.The book explores the unprecedented challenges posed by the pandemic crisis from a global perspective. It will provide invaluable information and guidance in this area to those in the fields of law, politics and economics whose interests are related to information, business and the creative industry, as well as providing indispensable reading to business practitioners and public servants.

This book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law.Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often said that global problems require coordinated global solutions, but the various responses to the pandemic by states suggest a notable lack of a consensus amongst the international community.The book will be of interest to academics and researchers working in the areas of human rights law and security law. It will also appeal to constitutional lawyers, given the nature of law-making and the challenge of ensuring adequate scrutiny in emergency situations as well as the impact of COVID-19 upon the legal framework more generally. It will provide a valuable resource for policymakers, practitioners, and public servants.